Defendant shall be punished by a fine of KRW 500,000.

If the above fine is not paid, the period of 10,000 won shall be converted into one day.

Punishment of the crime

On June 1, 2020, the Defendant, at around 20:00, was the second floor of the Defendant’s housing located in Jung-gu Incheon Metropolitan City (the first floor is the house house, the second floor is the car page). Under the stairs, the Defendant’s dispute over the fence of the above housing fence built by the Defendant remodeled and constructed by the Defendant is the one in which the adjacent land of the victim C (ma, 45 years old) was invaded.

합의를 못하고 서로 말다툼으로 비화되자 피해자가 자신의 사유지라는 이유로 그곳에 ‘사유지 출입금지’라고 기재된 현수막과 철제 출입문 2개를 설치하여 출입을 막아버리자 통행에 불편하다는 이유로 위 현수막을 걷어내고 열쇠 수리공을 불러 자물쇠를 해제 후 돌담이 있는 쪽 철제 출입문을 손으로 잡아당겨 출입문 기둥 콘크리트에 균열이 생기게 하고, 담쟁이 넝쿨이 있는 쪽 철제 출입문의 나사를 풀고 철망을 제거하여 위 출입문 2개 등을 수리비로 약 50만 원 상당이 들도록 손괴하였다.

Summary of Evidence

1. Defendant's legal statement;

1. C Application of each internal investigation report (Evidence Nos. 4, 7) by C, on-site photographing statutes;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act for the detention of the workhouses have been for the defendant to use the victim's land as a passage for the past few hundred and twenty years, and the defendant asserts that after the dispute arises, the victim's passage has been obstructed and led to the crime without choice.

However, the Defendant did not seek any other means that do not infringe on the ownership of the land of the victim, such as obtaining permission for land passage through a more consultation with the victim or preparing a passage connecting the 1 and 2 floors within the building, and damaged the banner and the entrance installed by the victim for unauthorized passage.

In addition, even according to the defendant's assertion, the passage seems possible on the roads linked to the second floor of the building.

Therefore, the crime is recognized.